Presented below are water quality standards that are in ...2.20. "Water quality criteria" shall mean...
Transcript of Presented below are water quality standards that are in ...2.20. "Water quality criteria" shall mean...
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Presented below are water quality standards that are in effect for Clean
Water Act purposes.
EPA is posting these standards as a convenience to users and has made
a reasonable effort to assure their accuracy. Additionally, EPA has made
a reasonable effort to identify parts of the standards that are not
approved, disapproved, or are otherwise not in effect for Clean Water
Act purposes.
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November 15, 2017 TITLE 47 LEGISLATIVE RULE, DEPARTMENT OF ENVIRONMENTAL PROTECTION WATER RESOURCES, SERIES 2 REQUIREMENTS GOVERNING WATER QUALITY STANDARDS Effective June 8, 2016 The attached WQS document is in effect for Clean Water Act (CWA) purposes with the exception of the following provision on which EPA has not yet taken action. Text in strikeout has not yet been acted upon by EPA and the remaining text is in effect for CWA purposes.
• Appendix E, Table 1. o 8.1—Dissolved Aluminum for water with pH <6.5 or >9.0 o 8.1.1—Dissolved Aluminum for water with pH ≥ 6.5 and ≤ 9.0, 4-day average
concentration o 8.1.2—Dissolved Aluminum for water with pH ≥ 6.5 and ≤ 9.0, 1-hour average
concentration
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WEST VIRGINIA SECRETARY OF STATE
NATALIE E. TENNANT
ADMINISTRATIVE LAW DIVISION
cFILED
6/8/2016 4:25:02 PM
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THIS RULE IS FILED \'\"ITH THE SECRETARY OF STATE. THIS RULE BECO:\r!ES EFFECTI'\"E OX THE FOLLO\\"IXG DATE
Friday, July 08, 2016
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Yes Kristin .-\. Boggs - By my signature, I certify that I am the person authorized to file legislath-e rules, in accordance with \Yest Yirginia Code §29.-\.-3-11 and §39.-\.-3-2.
I IIIII IIII Ill 111111111111111 111111111111111111 II I Ill IIIIII IIII II 1111111111111111 Title-Series: 47-02 Rule Id: 9864 Document: 27572
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47CSR2
1
TITLE 47
LEGISLATIVE RULE
DEPARTMENT OF ENVIRONMENTAL PROTECTION
WATER RESOURCES
SERIES 2
REQUIREMENTS GOVERNING WATER QUALITY STANDARDS
§47-2-1. General.
1.1. Scope. -- These rules establish requirements governing the discharge or deposit of sewage,
industrial wastes and other wastes into the waters of the state and establish water quality standards for the
waters of the State standing or flowing over the surface of the State. It is declared to be the public policy
of the State of West Virginia to maintain reasonable standards of purity and quality of the water of the
State consistent with (1) public health and public enjoyment thereof; (2) the propagation and protection of
animal, bird, fish, and other aquatic and plant life; and (3) the expansion of employment opportunities,
maintenance and expansion of agriculture and the provision of a permanent foundation for healthy
industrial development. (See W. Va. Code §22-11-2.)
1.2. Authority. -- W. Va. Code §§22-11-4(a)(16); 22-11-7b.
1.3. Filing Date. -- June 8, 2016
1.4. Effective Date. -- July 8, 2016
§47-2-2. Definitions.
The following definitions in addition to those set forth in W. Va. Code §22-11-3, shall apply to these
rules unless otherwise specified herein, or unless the context in which used clearly requires a different
meaning:
2.1. "Conventional treatment" is the treatment of water as approved by the West Virginia Bureau for
Public Health to assure that the water is safe for human consumption.
2.2. Lakes
2.2a. “Cool water lakes” are lentic water bodies that have a summer hydraulic residence time
greater than 14 days, and are either managed by the West Virginia Division of Natural Resources for the
support of cool water fish species or support cool water fish species, such as walleye and trout. “Cool
water lakes” do not include those waters that receive stockings of trout, but that do not support year-round
trout populations. (See Appendix F for a representative list.)
2.2.b. “Warm water lakes” are lentic water bodies that have a summer hydraulic residence time
greater than 14 days, and are either managed by the West Virginia Division of Natural Resources for the
support of warm water fish species or support warm water fish species, such as bass and catfish.
2.3. "Cumulative" means a pollutant which increases in concentration in an organism by successive
additions at different times or in different ways (bio-accumulation).
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2.4. "Designated uses" are those uses specified in water quality standards for each water or segment
whether or not they are being attained. (See sections 6.2 - 6.6, herein)
2.5. "Dissolved metal" is operationally defined as that portion of metal which passes through a 0.45
micron filter.
2.6. "Existing uses" are those uses actually attained in a water on or after November 28, 1975,
whether or not they are included in the water quality standards.
2.7. The "Federal Act" means the Clean Water Act (also known as the Federal Water Pollution
Control Act) 33 U.S.C. §1251 - 1387.
2.8. "High quality waters" are those waters whose quality is equal to or better than the minimum
levels necessary to achieve the national water quality goal uses.
2.9. "Intermittent streams" are streams which have no flow during sustained periods of no
precipitation and which do not support aquatic life whose life history requires residence in flowing waters
for a continuous period of at least six (6) months.
2.10. "Outstanding national resource waters" are those waters whose unique character, ecological or
recreational value or pristine nature constitutes a valuable national or State resource.
2.11. "Natural" or "naturally occurring" values or "natural temperature" shall mean for all of the
waters of the state:
2.11.a. Those water quality values which exist unaffected by -- or unaffected as a consequence
of -- any water use by any person; and
2.11.b. Those water quality values which exist unaffected by the discharge, or direct or indirect
deposit of, any solid, liquid or gaseous substance from any point source or non-point source.
2.12. "Non-point source" shall mean any source other than a point source from which pollutants may
reach the waters of the state.
2.13. "Persistent" shall mean a pollutant and its transformation products which under natural
conditions degrade slowly in an aquatic environment.
2.14. "Point source" shall mean any discernible, confined and discrete conveyance, including, but not
limited to, any pipe, ditch, channel, tunnel, conduit, well, discrete fissure, container, rolling stock or
vessel or other floating craft, from which pollutants are or may be discharged. This term does not include
agricultural stormwater discharges and return flows from irrigated agriculture.
2.15. "Representative important species of aquatic life" shall mean those species of aquatic life whose
protection and propagation will assure the sustained presence of a balanced aquatic community. Such
species are representative in the sense that maintenance of water quality criteria will assure both the
natural completion of the species' life cycles and the overall protection and sustained propagation of the
balanced aquatic community.
2.16. “Secretary” shall mean the Secretary of the Department of Environmental Protection or such
other person to whom the Secretary has delegated authority or duties pursuant to W. Va. Code §§22-1-6
or 22-1-8.
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2.17. The "State Act" or "State Law" shall mean the West Virginia Water Pollution Control Act, W.
Va. Code §22-11-1 et seq.
2.18. "Total recoverable" refers to the digestion procedure for certain heavy metals as referenced in
40 CFR 136, as amended June 15, 1990 and March 26, 2007, Guidelines Establishing Test Procedures for
the Analysis of Pollutants Under the Clean Water Act.
2.19. "Trout waters" are waters which sustain year-round trout populations. Excluded are those
waters which receive annual stockings of trout but which do not support year-round trout populations.
2.20. "Water quality criteria" shall mean levels of parameters or stream conditions that are required
to be maintained by these regulations. Criteria may be expressed as a constituent concentration, levels, or
narrative statement, representing a quality of water that supports a designated use or uses.
2.21. "Water quality standards" means the combination of water uses to be protected and the water
quality criteria to be maintained by these rules.
2.22. "Wetlands" are those areas that are inundated or saturated by surface or groundwater at a
frequency and duration sufficient to support, and that under normal circumstances do support, a
prevalence of vegetation typically adapted for life in saturated soil conditions. Wetlands generally
include swamps, marshes, bogs and similar areas.
2.23. "Wet weather streams" are streams that flow only in direct response to precipitation or whose
channels are at all times above the water table.
§47-2-3. Conditions Not Allowable In State Waters.
3.1. Certain characteristics of sewage, industrial wastes and other wastes cause pollution and are
objectionable in all waters of the state. Therefore, the Secretary does hereby proclaim that the following
general conditions are not to be allowed in any of the waters of the state.
3.2. No sewage, industrial wastes or other wastes present in any of the waters of the state shall cause
therein or materially contribute to any of the following conditions thereof:
3.2.a. Distinctly visible floating or settleable solids, suspended solids, scum, foam or oily slicks;
3.2.b. Deposits or sludge banks on the bottom;
3.2.c. Odors in the vicinity of the waters;
3.2.d. Taste or odor that would adversely affect the designated uses of the affected waters;
3.2.e. Materials in concentrations which are harmful, hazardous or toxic to man, animal or
aquatic life;
3.2.f. Distinctly visible color;
3.2.g. Algae blooms or concentrations of bacteria which may impair or interfere with the
designated uses of the affected waters;
3.2.h. Requiring an unreasonable degree of treatment for the production of potable water by
modern water treatment processes as commonly employed; and
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3.2.i. Any other condition, including radiological exposure, which adversely alters the integrity of
the waters of the State including wetlands; no significant adverse impact to the chemical, physical,
hydrologic, or biological components of aquatic ecosystems shall be allowed.
§47-2-4. Antidegradation Policy.
4.1. It is the policy of the State of West Virginia that the waters of the state shall be maintained and
protected as follows:
4.1.a. Tier 1 Protection. Existing water uses and the level of water quality necessary to protect
the existing uses shall be maintained and protected. Existing uses are those uses actually attained in a
water on or after November 28, 1975, whether or not they are included as designated uses within these
water quality standards.
4.1.b. Tier 2 Protection. The existing high quality waters of the state must be maintained at their
existing high quality unless it is determined after satisfaction of the intergovernmental coordination of the
state’s continuing planning process and opportunity for public comment and hearing that allowing lower
water quality is necessary to accommodate important economic or social development in the area in
which the waters are located. If limited degradation is allowed, it shall not result in injury or interference
with existing stream water uses or in violation of state or federal water quality criteria that describe the
base levels necessary to sustain the national water quality goal uses of protection and propagation of fish,
shellfish and wildlife and recreating in and on the water.
In addition, the Secretary shall assure that all new and existing point sources shall achieve the
highest established statutory and regulatory requirements applicable to them and shall assure the
achievement of cost-effective and reasonable best management practices (BMPs) for non-point source
control. If BMPs are demonstrated to be inadequate to reduce or minimize water quality impacts, the
Secretary may require that more appropriate BMPs be developed and applied.
4.1.b.1. High quality waters are those waters meeting the definition at section 2.8 herein.
4.1.b.2. High quality waters may include but are not limited to the following:
4.1.b.2.A. Streams designated by the West Virginia Legislature under the West Virginia
Natural Stream Preservation Act, pursuant to W. Va. Code §22-13-5; and
4.1.b.2.B. Streams listed in West Virginia High Quality Streams, Fifth Edition, prepared
by the Wildlife Resources Division, Department of Natural Resources (1986).
4.1.b.2.C. Streams or stream segments which receive annual stockings of trout but which
do not support year-round trout populations.
4.1.c. Tier 3 Protection. In all cases, waters which constitute an outstanding national resource
shall be maintained and protected and improved where necessary. Outstanding national resource waters
include, but are not limited to, all streams and rivers within the boundaries of Wilderness Areas
designated by The Wilderness Act (16 U.S.C. §1131 et seq.) within the State, all Federally designated
rivers under the “Wild and Scenic Rivers Act”, 16 U.S.C. §1271 et seq.; all streams and other bodies of
water in state parks which are high quality waters or naturally reproducing trout streams; waters in
national parks and forests which are high quality waters or naturally reproducing trout streams; waters
designated under the “National Parks and Recreation Act of 1978”, as amended; and pursuant to
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subsection 7.1 of 60CSR5, those waters whose unique character, ecological or recreational value, or
pristine nature constitutes a valuable national or state resource.
Additional waters may be nominated for inclusion in that category by any interested party or by
the Secretary on his or her own initiative. To designate a nominated water as an outstanding national
resource water, the Secretary shall follow the public notice and hearing provisions as provided in 46
C.S.R. 6.
4.1.d. All applicable requirements of section 316(a) of the Federal Act shall apply to
modifications of the temperature water quality criteria provided for in these rules.
§47-2-5. 7.1.ds.
5.1. In the permit review and planning process or upon the request of a permit applicant or permittee,
the Secretary may establish on a case-by-case basis an appropriate mixing zone.
5.2. The following guidelines and conditions are applicable to all mixing zones:
5.2.a. The Secretary will assign, on a case-by-case basis, definable geometric limits for mixing
zones for a discharge or a pollutant or pollutants within a discharge. Applicable limits shall include, but
may not be limited to, the linear distances from the point of discharge, surface area involvement, volume
of receiving water, and shall take into account other nearby mixing zones. Mixing zones shall take into
account the mixing conditions in the receiving stream (i.e: whether complete or incomplete mixing
conditions exist). Mixing zones will not be allowed until applicable limits are assigned by the Secretary
in accordance with this section.
5.2.b. Concentrations of pollutants which exceed the acute criteria for protection of aquatic life
set forth in Appendix E, Table 1 shall not exist at any point within an assigned mixing zone or in the
discharge itself unless a zone of initial dilution is assigned. A zone of initial dilution may be assigned on
a case-by-case basis at the discretion of the Secretary. The zone of initial dilution is the area within the
mixing zone where initial dilution of the effluent with the receiving water occurs, and where the
concentration of the effluent will be its greatest in the water column. Where a zone of initial dilution is
assigned by the Secretary, the size of the zone shall be determined using one of the four alternatives
outlined in section 4.3.3 of US EPA’s Technical Support Document for Water Quality-based Toxics
Control (EPA/505/2-90-001 PB91-127415, March 1991). Concentrations of pollutants shall not exceed
the acute criteria at the edge of the assigned zone of initial dilution. Chronic criteria for the protection of
aquatic life may be exceeded within the mixing zone but shall be met at the edge of the assigned mixing
zone.
5.2.c. Concentrations of pollutants which exceed the criteria for the protection of human health
set forth in Appendix E, Table 1 shall not be allowed at any point unless a mixing zone has been assigned
by the Secretary after consultation with the Commissioner of the West Virginia Bureau for Public Health.
Human health criteria may be exceeded within an assigned mixing zone, but shall be met at the edge of
the assigned mixing zone. Mixing zones for human health criteria shall be sized to prevent significant
human health risks and shall be developed using reasonable assumptions about exposure pathways. In
assessing the potential human health risks of establishing a mixing zone upstream from a drinking water
intake, the Secretary shall consider the cumulative effects of multiple discharges and mixing zones on the
drinking water intake. No mixing zone for human health criteria shall be established on a stream which
has a seven (7) day, ten (10) year return frequency of 5 cfs or less.
5.2.d. Mixing zones, including zones of initial dilution, shall not interfere with fish spawning or
nursery areas or fish migration routes; shall not overlap public water supply intakes or bathing areas;
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cause lethality to or preclude the free passage of fish or other aquatic life; nor harm any threatened or
endangered species, as listed in the Federal Endangered Species Act, 15 U.S.C. §1531 et seq.
5.2.e. The mixing zone shall not exceed one-third (1/3) of the width of the receiving stream, and
in no case shall the mixing zone exceed one-half (1/2) of the cross-sectional area of the receiving stream.
5.2.f. In lakes and other surface impoundments, the volume of a mixing zone shall not affect in
excess of ten (10) percent of the volume of that portion of the receiving waters available for mixing.
5.2.g. A mixing zone shall be limited to an area or volume which will not adversely alter the
existing or designated uses of the receiving water, nor be so large as to adversely affect the integrity of the
water.
5.2.h. Mixing zones shall not:
5.2.h.1. Be used for, or considered as, a substitute for technology-based requirements of the
Act and other applicable state and federal laws.
5.2.h.2. Extend downstream at any time a distance more than five times the width of the
receiving watercourse at the point of discharge.
5.2.h.3. Cause or contribute to any of the conditions prohibited in section 3, herein.
5.2.h.4. Be granted where instream waste concentration of a discharge is greater than 80%.
5.2.h.5. Overlap one another.
5.2.h.6. Overlap any 1/2 mile zone described in section 7.2.a.2 herein.
5.2.i. In the case of thermal discharges, a successful demonstration conducted under section
316(a) of the Act shall constitute compliance with all provisions of this section.
5.2.j. The Secretary may waive the requirements of subsections 5.2.e and 5.2.h.2 above if a
discharger provides an acceptable demonstration of:
5.2.j.1. Information defining the actual boundaries of the mixing zone in question; and
5.2.j.2. Information and data proving no violation of subsections 5.2.d and 5.2.g above by the
mixing zone in question.
5.2.k. Upon implementation of a mixing zone in a permit, the permittee shall provide
documentation that demonstrates to the satisfaction of the Secretary that the mixing zone is in compliance
with the provisions outlined in subsections 5.2.b, 5.2.c, 5.2.e, and 5.2.h.2, herein.
5.2.l. In order to facilitate a determination or assessment of a mixing zone pursuant to this section,
the Secretary may require a permit applicant or permittee to submit such information as deemed
necessary.
§47-2-6. Water Use Categories.
6.1. These rules establish general Water Use Categories and Water Quality Standards for the waters
of the State. Unless otherwise designated by these rules, at a minimum all waters of the State are
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designated for the Propagation and Maintenance of Fish and Other Aquatic Life (Category B) and for
Water Contact Recreation (Category C) consistent with Federal Act goals. Incidental utilization for
whatever purpose may or may not constitute a justification for assignment of a water use category to a
particular stream segment.
6.1.a. Waste assimilation and transport are not recognized as designated uses. The classification
of the waters must take into consideration the use and value of water for public water supplies, protection
and propagation of fish, shellfish and wildlife, recreation in and on the water, agricultural, industrial and
other purposes including navigation.
Subcategories of a use may be adopted and appropriate criteria set to reflect varying needs of
such subcategories of uses, for example to differentiate between trout water and other waters.
6.1.b. At a minimum, uses are deemed attainable if they can be achieved by the imposition of
effluent limits required under section 301(b) and section 306 of the Federal Act and use of cost-effective
and reasonable best management practices for non-point source control. Seasonal uses may be adopted as
an alternative to reclassifying a water or segment thereof to uses requiring less stringent water quality
criteria. If seasonal uses are adopted, water quality criteria will be adjusted to reflect the seasonal uses;
however, such criteria shall not preclude the attainment and maintenance of a more protective use in
another season. A designated use which is not an existing use may be removed, or subcategories of a use
may be established if it can be demonstrated that attaining the designated use is not feasible because:
6.1.b.1. Application of effluent limitations for existing sources more stringent than those
required pursuant to section 301 (b) and section 306 of the Federal Act in order to attain the existing
designated use would result in substantial and widespread adverse economic and social impact; or
6.1.b.2. Naturally-occurring pollutant concentrations prevent the attainment of the use; or
6.1.b.3. Natural, ephemeral, intermittent or low flow conditions of water levels prevent the
attainment of the use, unless these conditions may be compensated for by the discharge of sufficient
volume of effluent discharges to enable uses to be met; or
6.1.b.4. Human-caused conditions or sources of pollution prevent the attainment of the use
and cannot be remedied or would cause more environmental damage to correct than to leave in place; or
6.1.b.5. Dams, diversions or other types of hydrologic modifications preclude the attainment
of the use, and it is not feasible to restore the water to its original condition or to operate such
modification in a way that would result in the attainment of the use; or
6.1.b.6. Physical conditions related to the natural features of the water, such as the lack of a
proper substrate, cover, flow, depth, pools, riffles, and the like, unrelated to water quality, preclude
attainment of aquatic life protection uses.
6.1.c. The State shall take into consideration the quality of downstream waters and shall assure
that its water quality standards provide for the attainment of the water quality standards of downstream
waters.
6.1.d. In establishing a less restrictive use or uses, or subcategory of use or uses, and the water
quality criteria based upon such uses, the Secretary shall follow the requirements for revision of water
quality standards as required by W. Va. Code §22-11-7b and section 303 of the Federal Act and the
regulations thereunder. Any revision of water quality standards shall be made with the concurrence of
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EPA. The Secretary’s administrative procedural regulations for applying for less restrictive uses or
criteria shall be followed.
6.2. Category A -- Water Supply, Public. -- This category is used to describe waters which, after
conventional treatment, are used for human consumption. This category includes streams on which the
following are located:
6.2.a. All community domestic water supply systems;
6.2.b. All non-community domestic water supply systems, (i.e. hospitals, schools, etc.);
6.2.c. All private domestic water systems;
6.2.d. All other surface water intakes where the water is used for human consumption. (See
Appendix B for partial listing of Category A waters; see section 7.2.a.2, herein for additional
requirements for Category A waters.) The manganese human health criterion shall only apply within the
five-mile zone immediately upstream above a known public or private water supply used for human
consumption.
6.3. Category B -- Propagation and maintenance of fish and other aquatic life. --
This category includes:
6.3.a. Category B1 -- Warm water fishery streams. -- Streams or stream segments which
contain populations composed of all warm water aquatic life.
6.3.b. Category B2 -- Trout Waters. -- As defined in section 2.19, herein (See Appendix A for
a representative list.)
6.3.c. Category B4 -- Wetlands. -- As defined in section 2.22, herein; certain numeric stream
criteria may not be appropriate for application to wetlands (see Appendix E, Table 1).
6.4. Category C -- Water contact recreation. -- This category includes swimming, fishing, water
skiing and certain types of pleasure boating such as sailing in very small craft and outboard motor boats.
(See Appendix D for a representative list of category C waters.)
6.5. Category D. -- Agriculture and wildlife uses.
6.5.a. Category D1 -- Irrigation. -- This category includes all stream segments used for
irrigation.
6.5.b. Category D2 -- Livestock watering. -- This category includes all stream segments used
for livestock watering.
6.5.c. Category D3 -- Wildlife. -- This category includes all stream segments and wetlands
used by wildlife.
6.6. Category E -- Water supply industrial, water transport, cooling and power. -- This category
includes cooling water, industrial water supply, power production, commercial and pleasure vessel
activity, except those small craft included in Category C.
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6.6.a. Category E1 -- Water Transport. -- This category includes all stream segments modified
for water transport and having permanently maintained navigation aides.
6.6.b. Category E2 -- Cooling Water. -- This category includes all stream segments having
one (1) or more users for industrial cooling.
6.6.c. Category E3 -- Power production. -- This category includes all stream segments
extending from a point 500 feet upstream from the intake to a point one half (1/2) mile below the
wastewater discharge point. (See Appendix C for representative list.)
6.6.d. Category E4 -- Industrial. -- This category is used to describe all stream segments with
one (1) or more industrial users. It does not include water for cooling.
§47-2-7. West Virginia Waters.
7.1. Major River Basins and their Alphanumeric System. All streams and their tributaries in West
Virginia shall be individually identified using an alphanumeric system as identified in the "Key to West
Virginia Stream Systems and Major Tributaries" (1956) as published by the Conservation Commission of
West Virginia and revised by the West Virginia Department of Natural Resources, Division of Wildlife
(1985).
7.1.a. J - James River Basin. All tributaries to the West Virginia - Virginia State line.
7.1.b. P - Potomac River Basin. All tributaries of the main stem of the Potomac River to the
West Virginia - Maryland - Virginia State line to the confluence of the North Branch and the South
Branch of the Potomac River and all tributaries arising in West Virginia excluding the major tributaries
hereinafter designated:
7.1.b.1. S - Shenandoah River and all its tributaries arising in West Virginia to the West
Virginia - Virginia State line.
7.1.b.2. PC - Cacapon River and all its tributaries.
7.1.b.3. PSB - South Branch and all its tributaries.
7.1.b.4. PNB - North Branch and all tributaries to the North Branch arising in West Virginia.
7.1.c. M - Monongahela River Basin. The Monongahela River Basin main stem and all its
tributaries excluding the following major tributaries which are designated as follows:
7.1.c.1. MC - Cheat River and all its tributaries except those listed below:
7.1.c.1.A. MCB - Blackwater River and all its tributaries.
7.1.c.2. MW - West Fork River and all its tributaries.
7.1.c.3. MT - Tygart River and all its tributaries except those listed below:
7.1.c.3.A. MTB - Buckhannon River and all its tributaries.
7.1.c.3.B. MTM - Middle Fork River and all its tributaries.
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7.1.c.4. MY - Youghigheny River and all its tributaries to the West Virginia - Maryland
State line.
7.1.d. O Zone 1 - Ohio River - Main Stem. The main stem of the Ohio River from the Ohio -
Pennsylvania - West Virginia state line to the Ohio - Kentucky - West Virginia State line.
7.1.e. O Zone 2 - Ohio River - Tributaries. All tributaries of the Ohio River excluding the
following major tributaries:
7.1.e.1. LK - Little Kanawha River. The Little Kanawha River and all its tributaries
excluding the following major tributary which is designated as follows:
7.1.e.1.A. LKH - Hughes River and all its tributaries.
7.1.e.2. K - Kanawha River Zone 1. The main stem of the Kanawha River from mile point 0,
at its confluence with the Ohio River, to mile point 72 near Diamond, West Virginia.
7.1.e.3. K - Kanawha River Zone 2. The main stem of the Kanawha River from mile point
72 near Diamond, West Virginia and all its tributaries from mile point 0 to the headwaters excluding the
following major tributaries which are designated as follows:
7.1.e.3.A. KP - Pocatalico River and all its tributaries.
7.1.e.3.B. KC - Coal River and all its tributaries.
7.1.e.3.C. KE - Elk River and all its tributaries.
7.1.e.3.D. KG - Gauley River. The Gauley River and all its tributaries excluding the
following major tributaries which are designated as follows:
7.1.e.3.D.1. KG-19 - Meadow River and all its tributaries.
7.1.e.3.D.2. KG-34 - Cherry River and all its tributaries.
7.1.e.3.D.3. KGC - Cranberry River and all its tributaries.
7.1.e.3.D.4. KGW - Williams River and all its tributaries.
7.1.e.3.E. KN - New River. The New River from its confluence with the Gauley River
to the Virginia - West Virginia State line and all tributaries excluding the following major tributaries
which are designated as follows:
7.1.e.3.E.1. KNG - Greenbrier River and all its tributaries.
7.1.e.3.E.2. KNB - Bluestone River and all its tributaries.
7.1.e.3.E.3. KN-60 - East River and all its tributaries.
7.1.e.3.E.4. K(L)-81-(1) - Bluestone Lake.
7.1.e.4. OG - Guyandotte River. The Guyandotte River and all its tributaries excluding the
following major tributary which is designated as follows:
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7.1.e.4.1. OGM - Mud River and all its tributaries.
7.1.e.5. BS - Big Sandy River. The Big Sandy River to the Kentucky - Virginia - West
Virginia State lines and all its tributaries arising in West Virginia excluding the following major tributary
which is designated as follows:
7.1.e.5.1 BST - Tug Fork and all its tributaries.
7.2. Applicability of Water Quality Standards. The following shall apply at all times unless a
specific exception is granted in this section:
7.2.a. Water Use Categories as described in section 6, herein.
7.2.a.1. Based on meeting those Section 6 definitions, tributaries or stream segments may be
classified for one or more Water Use Categories. When more than one use exists, they shall be protected
by criteria for the use category requiring the most stringent protection.
7.2.a.2. Each segment extending upstream from the intake of a water supply public (Water
Use Category A), for a distance of one half (1/2) mile or to the headwater, must be protected by
prohibiting the discharge of any pollutants in excess of the concentrations designated for this Water Use
Category in section 8, herein. In addition, within that one half (1/2) mile zone, the Secretary may
establish for any discharge, effluent limitations for the protection of human health that require additional
removal of pollutants than would otherwise be provided by this rule. (If a watershed is not significantly
larger than this zone above the intake, the water supply section may include the entire upstream watershed
to its headwaters.) The one-half (1/2) mile zone described in this section shall not apply to the Ohio River
main channel (between Brown’s Island and the left descending bank) between river mile points 61.0 and
63.5 and mile points 70 and 71. All mixing zone regulations found in section 5 of this rule will apply
except 47 CSR 2 §5.2.h.6. Whether a mixing zone is appropriate, and the proper size of such zone, would
need to be considered on a site-specific basis in accordance with the EPA approved West Virginia mixing
zone regulations in 47 CSR 2 §5.
7.2.b. In the absence of any special application or contrary provision, water quality standards
shall apply at all times when flows are equal to or greater than the minimum mean seven (7) consecutive
day drought flow with a ten (10) year return frequency (7Q10). NOTE: With the exception of section
7.2.c.5 listed herein exceptions do not apply to trout waters nor to the requirements of section 3, herein.
7.2.c. Exceptions: Numeric water quality standards shall not apply: (See section 7.2.d, herein,
for site-specific revisions)
7.2.c.1. When the flow is less than 7Q10;
7.2.c.2. In wet weather streams (or intermittent streams, when they are dry or have no
measurable flow): Provided, that the existing and designated uses of downstream waters are not adversely
affected;
7.2.c.3. In any assigned zone of initial dilution of any mixing zone where a zone of initial
dilution is required by section 5.2.b herein, or in any assigned mixing zone for human health criteria or
aquatic life criteria for which a zone of initial dilution is not assigned; In zones of initial dilution and
certain mixing zones: Provided, That all requirements described in section 5 herein shall apply to all
zones of initial dilution and all mixing zones;
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7.2.c.4. Where, on the basis of natural conditions, the Secretary has established a site-
specific aquatic life water quality criterion that modifies a water quality criterion set out in Appendix E,
Table 1 of this rule. Where a natural condition of a water is demonstrated to be of lower quality than a
water quality criterion for the use classes and subclasses in section 6 of this rule, the Secretary, in his or
her discretion, may establish a site-specific water quality criterion for aquatic life. This alternate criterion
may only serve as the chronic criterion established for that parameter. This alternate criterion must be
met at end of pipe. Where the Secretary decides to establish a site-specific water quality criterion for
aquatic life, the natural condition constitutes the applicable water quality criterion. A site-specific
criterion for natural conditions may only be established through the legislative rulemaking process in
accordance with W. Va. Code §29A-3-1 et seq. and must satisfy the public participation requirements set
forth at 40 C.F.R. 131.20 and 40 C.F.R. Part 25. Site-specific criteria for natural conditions may be
established only for aquatic life criteria. A public notice, hearing and comment period is required before
site-specific criteria for natural conditions are established.
Upon application or on its own initiative, the Secretary will determine whether a natural
condition of a water should be approved as a site-specific water quality criterion. Before he or she
approves a site-specific water quality criterion for a natural condition, the Secretary must find that the
natural condition will fully protect existing and designated uses and ensure the protection of aquatic life.
If a natural condition of a water varies with time, the natural condition will be determined to be the actual
natural condition of the water measured prior to or concurrent with discharge or operation. The Secretary
will, in his or her discretion, determine a natural condition for one or more seasonal or shorter periods to
reflect variable ambient conditions; and require additional or continuing monitoring of natural conditions.
An application for a site-specific criterion to be established on the basis of natural conditions
shall be filed with the Secretary and shall include the following information:
7.2.c.4.A. A U.S.G.S. 7.5 minute map showing the stream segment affected and
showing all existing discharge points and proposed discharge point;
7.2.c.4.B. The alphanumeric code of the affected stream, if known;
7.2.c.4.C. Water quality data for the stream or stream segment. Where adequate data are
unavailable, additional studies may be required by the Secretary;
7.2.c.4.D. General land uses (e.g. mining, agricultural, recreation, residential,
commercial, industrial, etc.) as well as specific land uses adjacent to the waters for the affected segment
or stream;
7.2.c.4.E. The existing and designated uses of the receiving waters into which the
segment in question discharges and the location where those downstream uses begin to occur;
7.2.c.4.F. General physical characteristics of the stream segment, including, but not
limited to width, depth, bottom composition and slope;
7.2.c.4.G. Conclusive information and data of the source of the natural condition that
causes the stream to exceed the water quality standard for the criterion at issue.
7.2.c.4.H. The average flow rate in the segment and the amount of flow at a designated
control point and a statement regarding whether the flow of the stream is ephemeral, intermittent or
perennial;
7.2.c.4.I. An assessment of aquatic life in the stream or stream segment in question and
in the adjacent upstream and downstream segments; and
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7.2.c.4.J. Any additional information or data that the Secretary deems necessary to make
a decision on the application.
7.2.c.5. For the upper Blackwater River from the mouth of Yellow Creek to a point 5.1 miles
upstream, when flow is less than 7Q10. Naturally occurring values for Dissolved Oxygen as established
by data collected by the dischargers within this reach and reviewed by the Secretary shall be the
applicable criteria.
7.2.d. Site-specific applicability of water use categories and water quality criteria - State-wide
water quality standards shall apply except where site-specific numeric criteria, variances or use removals
have been approved following application and hearing, as provided in 46 C.S.R. 6. (See section 8.4 and
section 8.5, herein) The following are approved site-specific criteria, variances and use reclassifications:
7.2.d.1. James River - (Reserved)
7.2.d.2. Potomac River
7.2.d.2.1. A site-specific numeric criterion for aluminum, not to exceed 500 ug/l, shall
apply to the section of Opequon Creek from Turkey Run to the Potomac River.
7.2.d.3. Shenandoah River - (Reserved)
7.2.d.4. Cacapon River - (Reserved)
7.2.d.5. South Branch - (Reserved)
7.2.d.6. North Branch - (Reserved)
7.2.d.7. Monongahela River
7.2.d.7.1. Flow in the main stem of the Monongahela River, as regulated by the Tygart
and Stonewall Jackson Reservoirs, operated by the U. S. Army Corps of Engineers, is based on a
minimum flow of 425 cfs at Lock and Dam No. 8, river mile point 90.8. This exception does not apply to
tributaries of the Monongahela River.
7.2.d.8. Cheat River
7.2.d.8.1. In the unnamed tributary of Daugherty Run, approximately one mile upstream
of Daugherty Run’s confluence with the Cheat River, a site-specific numeric criterion for iron of 3.5 mg/l
shall apply and the following frequency and duration requirements shall apply to the chronic numeric
criterion for selenium (5ug/l): the four-day average concentration shall not be exceeded more than three
times every three years (36 months), on average. Further, the following site-specific numeric criteria
shall apply to Fly Ash Run of Daugherty Run: acute numeric criterion for aluminum: 888.5 ug/l and
manganese: 5 mg/l. For both the unnamed tributary of Daugherty Run, approximately one mile upstream
of Daugherty Run’s confluence with the Cheat River, and Fly Ash Run, Water Use Category A shall not
apply.
7.2.d.8.2. A variance pursuant to 46 CSR 6, Section 5.1, based on human-caused conditions
which prohibit the full attainment of any designated use and cannot be immediately remedied, shall apply
to WV DEP Division of Land Restoration’s Office of Special Reclamation’s discharges into Martin Creek
of Preston County and its tributaries, including Glade Run, Fickey Run, and their unnamed tributaries.
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The following existing conditions will serve as instream interim criteria while this variance is in place: pH
range of 3.2-9.0, 10 mg/L total iron, and 15 mg/L dissolved aluminum. Alternative restoration measures,
as described in the variance application submitted by WV DEP Division of Land Restoration’s Office of
Special Reclamation, shall be used to achieve significant improvements to existing conditions in these
waters during the variance period. Conditions will be evaluated during each triennial review throughout
the variance period. This variance shall remain in effect until action by the Secretary to revise the
variance or until July 1, 2025, whichever comes first.
7.2.d.9. Blackwater River - (Reserved)
7.2.d.10. West Fork River - (Reserved)
7.2.d.11. Tygart River
7.2.d.11.1. A variance pursuant to 46 CSR 6, Section 5.1, based on human-caused
conditions which prohibit the full attainment of any designated use and cannot be immediately remedied,
shall apply to WV DEP Division of Land Restoration’s Office of Special Reclamation’s discharges into
Maple Run, Left Fork Little Sandy Creek, and their unnamed tributaries. The following existing
conditions will serve as instream interim criteria while this variance is in place: For Maple Run, pH range
of 3.3-9.0, 2 mg/L total iron, and 12 mg/L dissolved aluminum; for Left Fork Little Sandy Creek, pH
range of 2.5-9.0, 14 mg/L total iron, and 33 mg/L dissolved aluminum. Alternative restoration measures,
as described in the variance application submitted by WV DEP Division of Land Restoration’s Office of
Special Reclamation, shall be used to achieve significant improvements to existing conditions in these
waters during the variance period. Conditions will be evaluated and reported upon during each triennial
review throughout the variance period. This variance shall remain in effect until action by the Secretary to
revise the variance or until July 1, 2025, whichever comes first.
7.2.d.12. Buckhannon River - (Reserved)
7.2.d.13. Middle Fork River - (Reserved)
7.2.d.14. Youghiogheny River - (Reserved)
7.2.d.15. Ohio River Main Stem - (Reserved)
7.2.d.16. Ohio River Tributaries.
7.2.d.16.1. Site-specific numeric criteria shall apply to the stretch of Conners Run (0-77-
A), a tributary of Fish Creek, from its mouth to the discharge from Conner Run impoundment, which
shall not have the Water Use Category A and may contain selenium not to exceed 62 ug/1; and iron not to
exceed 3.5 mg/1 as a monthly average and 7 mg/1 as a daily maximum.
7.2.d.17. Little Kanawha River - (Reserved)
7.2.d.18. Hughes River - (Reserved)
7.2.d.19. Kanawha River Zone 1 - Main Stem
7.2.d.19.1. For the Kanawha River main stem, Zone 1, the minimum flow shall be 1,960
cfs at the Charleston gauge.
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7.2.d.19.2. Pursuant to 46 CSR 6, a Copper Water Effect Ratio (WER) of 5.62 shall be
applied to The Sanitary Board of the City of Charleston, West Virginia wastewater treatment plant
discharge of total recoverable copper to Kanawha River, Zone 1.
7.2.d.20. Kanawha River Zone 2 and Tributaries.
7.2.d.20.1. For the main stem of the Kanawha River only, the minimum flow shall be
1,896 cfs at mile point 72.
7.2.d.20.2. The stretch between the mouth of Little Scary Creek (K-31) and the Little
Scary impoundment shall not have Water Use Category A. The following site-specific numeric criteria
shall apply to that section: selenium not to exceed 62 ug/1 and copper not to exceed 105 ug/1 as a daily
maximum nor 49 ug/1 as a 4-day average.
7.2.d.21. Pocatalico River - (Reserved)
7.2.d.22. Coal River - (Reserved)
7.2.d.23. Elk River - (Reserved)
7.2.d.24. Gauley River - (Reserved)
7.2.d.25. Meadow River - (Reserved)
7.2.d.26. Cherry River - (Reserved)
7.2.d.27. Cranberry River - (Reserved)
7.2.d.28. Williams River - (Reserved)
7.2.d.29. New River
7.2.d.29.1. In Marr Branch, a tributary of the New River, a site-specific dissolved zinc
criteria defined by the equation CMC=CCC=e0.8541*ln(hardness)+1.151 x CF shall apply for both
chronic and acute exposures
7.2.d.30. Greenbrier River - (Reserved)
7.2.d.31. Bluestone River - (Reserved)
7.2.d.32. Bluestone Lake - (Reserved)
7.2.d.33. East River - (Reserved)
7.2.d.34. Guyandotte River
7.2.d.34.1. Pats Branch from its confluence with the Guyandotte River to a point 1000
feet upstream shall not have Water Use Category A and Category D1 designation.
7.2.d.35. Mud River - (Reserved)
7.2.d.36. Big Sandy River - (Reserved)
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7.2.d.37. Tug Fork River - (Reserved)
§47-2-8. Specific Water Quality Criteria.
8.1. Charts of specific water quality criteria are included in Appendix E, Table 1.
8.1.a. Specific state (i.e. total, total recoverable, dissolved, valence, etc.) of any parameter to be
analyzed shall follow 40 CFR 136, Guidelines Establishing Test Procedures for Analysis of Pollutants
Under the Clean Water Act, as amended, June 15, 1990 and March 26, 2007. (See also 47 C.S.R. 10,
section 7.3 - National Pollutant Discharge Elimination System (NPDES) Program.)
8.1.b. Compliance with aquatic life water quality criteria expressed as dissolved metal shall be
determined based on dissolved metals concentrations.
8.1.b.1. The aquatic life criteria for all metals listed in Appendix E, Table 2 shall be
converted to a dissolved concentration by multiplying each numerical value or criterion equation from
Appendix E, Table 1 by the appropriate conversion factor (CF) from Appendix E, Table 2.
8.1.b.2. Permit limits based on dissolved metal water quality criteria shall be prepared in
accordance with the U.S. EPA document "The Metals Translator: Guidance For Calculating A Total
Recoverable Permit Limit From A Dissolved Criterion, EPA 823-B-96-007 June 1996.
8.1.b.3. NPDES permit applicants may petition the Secretary to develop a site-specific
translator consistent with the provisions in this section. The Secretary may, on a case-by-case basis
require an applicant applying for a translator to conduct appropriate sediment monitoring through
SEM/AVS ratio, bioassay or other approved methods to evaluate effluent limits that prevent toxicity to
aquatic life.
8.1.c. An "X" or numerical value in the use columns of Appendix E, Table 1 shall represent the
applicable criteria.
8.1.d. Charts of water quality criteria in Appendix E, Table 1 shall be applied in accordance with
major stream and use applications, sections 6 and 7, herein.
8.2. Criteria for Toxicants
8.2.a. Toxicants which are carcinogenic have human health criteria (Water Use Categories A and
C) based upon an estimated risk level of one additional cancer case per one million persons (10-6) and
are indicated in Appendix E, Table 1 with an endnote (b).
8.2.b. For waters other than the Ohio River between river mile points 68.0 and 70.0, a final
determination on the critical design flow for carcinogens is not made in this rule, in order to permit
further review and study of that issue. Following the conclusion of such review and study, the Legislature
may again take up the authorization of this rule for purposes of addressing the critical design flow for
carcinogens: Provided, That until such time as the review and study of the issue is concluded or until such
time as the Legislature may again take up the authorization of this rule, the regulatory requirements for
determining effluent limits for carcinogens shall remain as they were on the date this rule was proposed.
8.2.b.1. For the Ohio River between river mile points 68.0 and 70.0 the critical design flow
for determining effluent limits for carcinogens shall be harmonic mean flow.
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8.3. Criteria for Nutrients
8.3.a. Lakes
8.3.a.1. This subsection establishes nutrient criteria designed to protect Water Use Categories
B and C. The following cool water nutrient criteria shall apply to cool water lakes. (See Appendix F for a
representative list.) The following warm water nutrient criteria shall apply to all other lakes with a
summer residence time greater than 14 days.
8.3.a.2. Total phosphorus shall not exceed 40 µg/l for warm water lakes and 30 µg/l for cool
water lakes based on an average of four or more samples collected during the period May 1 to October 31.
Chlorophyll-a shall not exceed 20 µg/l for warm water lakes and 10 µg/l for cool water lakes based on an
average of four or more samples collected during the period May 1–October 31. In lieu of total
phosphorus and/or chlorophyll-a sampling, impairment may be evidenced at any time by noncompliance
with section 3.2, as determined by the Secretary.
8.4. Variances from Specific Water Quality Criteria. A variance from numeric criteria may be
granted to a discharger if it can be demonstrated that the conditions outlined in paragraphs 6.1.b.1 through
6.1.b.6, herein, limit the attainment of one or more specific water quality criteria. Variances shall apply
only to the discharger to whom they are granted and shall be reviewed by the Secretary at least every
three years. In granting a variance, the requirements for revision of water quality standards in 46 CSR 6
shall be followed.
8.5. Site-specific numeric criteria. The Secretary may establish numeric criteria different from those
set forth in Appendix E, Table 1 for a stream or stream segment upon a demonstration that existing
numeric criteria are either over-protective or under-protective of the aquatic life residing in the stream or
stream segment. A site-specific numeric criterion will be established only where the numeric criterion
will be fully protective of the aquatic life and the existing and designated uses in the stream or stream
segment. The site-specific numeric criterion may be established by conducting a Water Effect Ratio study
pursuant to the procedures outlined in US EPA’s "Interim Guidance on the Determination and Use of
Water-Effect Ratios for Metals" (February 1994); other methods may be used with prior approval by the
Secretary. In adopting site-specific numeric criteria, the requirements for revision of water quality
standards set forth in 46 CSR 6 shall be followed.
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§47-2-9. Establishment Of Safe Concentration Values.
When a specific water quality standard has not been established by these rules and there is a discharge
or proposed discharge into waters of the State, the use of which has been designated a Category B1, B2,
B3 or B4, such discharge may be regulated by the Secretary where necessary to protect State waters
through establishment of a safe concentration value as follows:
9.1. Establishment of a safe concentration value shall be based upon data obtained from relevant
aquatic field studies, standard bioassay test data which exists in substantial available scientific literature,
or data obtained from specific tests utilizing one (1) or more representative important species of aquatic
life designated on a case-by-case basis by the Secretary and conducted in a water environment which is
equal to or closely approximates that of the natural quality of the receiving waters.
9.2. In those cases where it has been determined that there is insufficient available data to establish a
safe concentration value for a pollutant, the safe concentration value shall be determined by applying the
appropriate application factor as set forth below to the 96-hour LC 50 value. Except where the Secretary
determines, based upon substantial available scientific data that an alternate application factor exists for a
pollutant, the following appropriate application factors shall be used in the determination of safe
concentration values:
9.2.a. Concentrations of pollutants or combinations of pollutants that are not persistent and not
cumulative shall not exceed 0.10 (1/10) of the 96-hour LC 50.
9.2.b. Concentrations of pollutants or combinations of pollutants that are persistent or cumulative
shall not exceed 0.01 (1/100) of the 96-hour LC 50.
9.3. Persons seeking issuance of a permit pursuant to these rules authorizing the discharge of a
pollutant for which a safe concentration value is to be established using special bioassay tests pursuant to
subsection 9.1 of this section shall perform such testing as approved by the Secretary and shall submit all
of the following in writing to the Secretary:
9.3.a. A plan proposing the bioassay testing to be performed.
9.3.b. Such periodic progress reports of the testing as may be required by the Secretary.
9.3.c. A report of the completed results of such testing including, but not limited to, all data
obtained during the course of testing, and all calculations made in the recording, collection, interpretation
and evaluation of such data.
9.4. Bioassay testing shall be conducted in accordance with methodologies outlined in the following
documents: U.S. EPA Office of Research and Development Series Publication, Methods for Measuring
the Acute Toxicity (EPA/600/4-90/027F, August 1993, 4th Edition) or Short Term Methods for
Estimating Chronic Toxicity of Effluents and Receiving Waters to Freshwater Organisms (EPA/600/4-
89/001), March 1989; Standard Methods for the Examination of Water and Wastewater (18th Edition); or
ASTM Practice E 729-88 for Conducting Acute Toxicity Tests with Fishes, Macroinvertebrates and
Amphibians as published in Volume 11.04 of the 1988 Annual Book of ASTM Standards. Test waters
shall be reconstituted according to recommendations and methodologies specified in the previously cited
references or methodologies approved in writing by the Secretary.
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APPENDIX A
CATEGORY B-2 - TROUT WATERS This list contains known trout waters and is not intended to exclude any waters which meet the definition in Section 2.19.
River Basin County Stream
James River
J Monroe South Fork Potts Creek
Potomac River
P Jefferson Town Run
P " Rocky Marsh Run
P Berkeley Opequon Creek
P " Tuscarora Creek (Above Martinsburg)
P " Middle Creek (Above Route 30 Bridge)
P " Mill Creek
P " Hartland Run
P " Mill Run
P " Tillance Creek
P Morgan Meadow Branch
PS Jefferson Flowing Springs Run (Above Halltown)
PS " Cattail Run
PS " Evitt's Run
PS " Big Bullskin Run
PS " Long Marsh Run
PC Hampshire Cold Stream
PC " Edwards Run and Impoundment
PC " Dillons Run
PC Hardy Lost River
PC " Camp Branch
PC " Lower Cove Run
PC " Moores Run
PC " North River (Above Rio)
PC " Waites Run
PC " Trout Run
PC " Trout Pond (Impoundment)
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PC " Warden Lake (Impoundment)
PC " Rock Cliff Lake (Impoundment)
PSB Hampshire Mill Creek
PSB " Mill Run
PSB Hardy Dumpling Creek
PSB Grant-Pendleton North Fork South Branch
PSB Grant North Fork Lunice Creek
PSB " South Fork Lunice Creek
PSB " South Mill Creek (Above Hiser)
PSB " Spring Run
PSB Pendleton Hawes Run (Impoundment)
PSB " Little Fork
PSB " South Branch (Above North Fork)
River Basin County Stream
Potomac River
PSB Pendleton Senena Creek
PSB " Laurel Fork
PSB " Big Run
PNB Mineral North Fork Patterson Creek
PNB " Fort Ashby (Impoundment)
PNB " New Creek
PNB " New Creek Dam 14 (Impoundment)
PNB " Mill Creek (Above Markwood)
Monongahela River
M Monongalia-Marion Whiteday Creek (Above Smithtown)
MC Monongalia Morgan Run
MC " Coopers Rock (Impoundment)
MC " Blaney Hollow
MC Preston Laurel Run
MC " Elsey Run
MC " Saltlick Creek
MC " Buffalo Creek
MC " Wolf Creek
MC Tucker Clover Run
MC " Elklick Run
MC " Horseshoe Run
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MC " Maxwell Run
MC " Red Creek
MC " Slip Hill Mill Branch
MC " Thomas Park (Impoundment)
MC " Blackwater River (Above Davis)
MC " Blackwater River (Below Davis)
MC Randolph Camp Five Run
MC " Dry Fork (Above Otter Creek)
MC " Glady Fork
MC " Laurel Fork
MC " Gandy Creek (Above Whitmer)
MC " East Fork Glady Fork (Above C & P Compressor
Station)
MC Randolph Shavers Fork (Above Little Black Fork)
MC " Three Spring Run
MC " Spruce Knob Lake (Impoundment)
MW Harrison Dog Run (Pond)
MW Lewis Stonecoal
MT Barbour Brushy Fork (Above Valley Furnace)
MT " Teter Creek Lake (Impoundment)
MT " Mill Run
MT Taylor-Barbour Tygart Lake Tailwaters (Above Route 119
Bridge)
MT Preston Roaring Creek (Above Little Lick Branch)
MT Randolph Tygart River (Above Huttonsville)
MT " Elkwater Fork
River Basin County Stream
Monongahela River
MT Randolph Big Run
MTB Upshur-Randolph-Lewis Right Fork Buckhannon River
MTB Upshur Buckhannon River (Above Beans Mill)
MTB Upshur French Creek
MTB Upshur-Randolph Left Fork Right Fork
MTN Upshur Right Fork Middle Fork River
MTM Randolph Middle Fork River (Above Cassity)
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MY Preston Rhine Creek
Little Kanawha River
LK Upshur Left Fork-Right Fork Little Kanawha River
LK Upshur-Lewis Little Kanawha River (Above Wildcat)
Kanawha River
KE Braxton Sutton Reservoir
KE " Sutton Lake Tailwaters (Above Route 38/5
Bridge)
KE Webster Back Fork
KE " Desert Fork
KE " Fall Run
KE " Laurel Fork
KE " Left Fork Holly River
KE " Sugar Creek
KE " Elk River (Above Webster Springs)
KC Raleigh Stephens Lake (Impoundment)
KC " Marsh Fork (Above Sundial)
KG Nicholas Summersville Reservoir (Impoundment)
KG " Summersville Tailwaters (Above Collison
Creek)
KG Nicholas Deer Creek
KG Randolph-Webster Gauley River (Above Moust Coal Tipple)
KG Fayette Glade Creek
KG Nicholas Hominy Creek
KG " Anglins Creek
KG Greenbrier Big Clear Creek
KG " Little Clear Creek and Laurel Run
KG " Meadow Creek
KG Fayette Wolf Creek
KG Nicholas Cherry River
KG Greenbrier-Nicholas Laurel Creek
KG " " North Fork Cherry River
KG Greenbrier Summit Lake (Impoundment)
KG Greenbrier-Nicholas South Fork Cherry River
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River Basin County Stream
Kanawha River
KGC Pocahontas-Webster- Cranberry River
Nicholas
KGC Pocahontas South Fork Cranberry River
KGW Pocahontas Tea Creek
KGW Pocahontas-Webster Williams River (Above Dyer)
KN Raleigh Glade Creek
KN Summers Meadow Creek
KN Fayette Mill Creek
KN " Laurel Creek (Above Cotton Hill)
KN Raleigh Pinch Creek
KN Monroe Rich Creek
KN " Turkey Creek
KN Fayette Dunloup Creek (Downstream from Harvey
Sewage Treatment Plant)
KN Mercer East River (Above Kelleysville)
KN " Pigeon Creek
KN Monroe Laurel Creek
KNG Monroe Kitchen Creek (Above Gap Mills)
KNG Greenbrier Culverson Creek
KNG " Milligan Creek
KNG Greenbrier-Monroe Second Creek (Rt. 219 Bridge to Nickell's Mill)
KNG Greenbrier North Fork Anthony Creek
KNG " Spring Creek
KNG " Anthony Creek (Above Big Draft)
KNG Pocahontas Watoga Lake
KNG " Beaver Creek
KNG " Knapp's Creek
KNG " Hills Creek
KNG " North Fork Deer Creek (Above Route 28/5)
KNG " Deer Creek
KNG " Sitlington Creek
KNG " Stoney Creek
KNG " Swago Creek
KNG " Buffalo Fork (Impoundment)
KNG " Seneca (Impoundment)
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KNG " Greenbrier River (Above Hosterman)
KNG " West Fork-Greenbrier River (Above the
impoundment at the tannery)
KNG " Little River-East Fork
KNG " Little River-West Fork
KNG " Five Mile Run
KNG " Mullenax Run
KNG " Abes Run
KNB Mercer Marsh Fork
KNB " Camp Creek
OG Wyoming Pinnacle creek
BST McDowell Dry Fork (Above Canebrake)
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APPENDIX B
This list contains known waters used as public water supplies and is not intended to exclude any waters as described in Section 6.2, herein.
River Basin County Operating Company Source
Shenandoah River
S Jefferson Charlestown Water Shenandoah River
Potomac River
P Jefferson 3-M Company Turkey Run
P " Shepherdstown Water Potomac River
P " Harpers Ferry Water Elk Run
P Berkeley DuPont Potomac River Potomac River
Works
P " Berkeley County PSD Le Feure Spring
P Opequon PSD Quarry Spring
P " Hedgesville PSD Speck Spring
P Morgan Paw Paw Water Potomac River
PSB Hampshire Romney Water South Branch Potomac River
PSB " Peterkin Conference Mill Run
Center
PSB Hardy Moorefield Municipal South Fork River
Water
PSB Pendleton U.S. Naval Radio Sta. South Fork River
PSB " Circleville Water Inc. North Fork of South Branch,
Potomac River
PSB Grant Mountain Top PSD Mill Creek, Impoundment
PSB " Petersburg Municipal South Branch, Potomac
Water River
PNB Grant Island Creek Coal Impoundment
PNB Mineral Piedmont Municipal Savage River, Maryland
Water
PNB " Keyser Water New Creek
PNB " Fort Ashby PSD Lake
Monongahela River
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M Monongalia Morgantown Water Comm. Colburn Creek & Monongahela
River
M " Morgantown Ordinance Monongahela River
Works
M Preston Preston County PSD Deckers Creek
M Monongalia Blacksville # 1 Mine Impoundment
M " Loveridge Mine Impoundment
M " Consolidation Coal Co. Impoundment
M Preston Mason Town Water Block Run
MC Preston Fibair Inc. Impoundment
MC Monongalia Cheat Neck PSD Cheat Lake
MC " Lakeview County Club Cheat Lake-Lake Lynn
River Basin County Operating Company Source
Monongahela River
MC Monongalia Union Districk PSD Cheat Lake-Lake Lynn
MC " Cooper's Rock State Park Impoundment
MC Preston Kingwood Water Cheat River
MC Preston Hopemount State Hosp. Snowy Creek
MC " Rowlesburg Water Keyser Run & Cheat River
MC " Albright Cheat River
MC Tucker Parsons Water Shavers & Elk Lick Fork
MC " Thomas Municipal Thomas Reservoir
MC " Hamrick PSD Dry Fork
MC " Douglas Water System Long Run
MC " Davis Water Blackwater River
MC " Hambleton Water System Roaring Creek
MC " Canaan Valley State Blackwater River Park
MC Pocahontas Cheat Mt. Sewer Shavers Lake
MC " Snowshoe Co. Water Shavers Fork
MC Randolph Womelsdorf Water Yokum Run
MW Harrison Lumberport Water Jones Run
MW " Clarksburg Water Bd. West Fork River
MW " Bridgeport Mun. Water Deecons & Hinkle Creek
MW " Salem Water Board Dog Run
MW " West Milford Water West Fork River
MW Lewis W.V. Water-Weston West Fork River
District
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MW " Jackson's Mill Camp Impoundment
MW " West Fork River PSD West Fork River
MW " Kennedy Compresssor West Fork River
Station
MW " Jane Lew Water Comm. Hackers Creek
MW Harrison Bel-Meadow Country Lake
Club
MW " Harrison Power Station West Fork River
MW " Oakdale Portal Impoundment
MW " Robinson Port Impoundment
MT Marion Fairmont Water Comm. Tygart River
MT " Mannington Water Impoundment
MT " Monongah Water Works Tygart River
MT " Eastern Assoc. Coal Corp Impoundment
MT " Four States Water Impoundment
MT Harrison Shinnston Water Dept. Tygart River
MT Taylor Grafton Water Tygart River-Lake
MT Barbour Phillippi Water Tygart River
MT " Bethlehem Mines Corp. Impoundment
MT " Belington Water Works Tygart River & Mill Run Lake
MT Randolph Elkins Municipal Water Tygart River
MT " Beverly Water Tygart River
MT " Valley Water Tygart River
MT " Huttonsville Medium Tygart River
Security Prison
MT " Mill Creek Water Mill Creek
MTB Upshur Buckhannon Water Board Buckhannon River
River Basin County Operating Company Source
Ohio River
O Zone 1 Hancock Chester Water & Sewer Ohio River
O " Brooke City of Weirton Ohio River
O Zone 1 Brooke Weirton Steel Division Ohio River
O " Ohio Wheeling Water Ohio River
O " Tyler Sistersville Mun. Water Ohio River
O " Pleasants Pleasants Power Station Ohio River
O " Cabell Huntington Water Corp. Ohio River
O " Marshall Mobay Chemical Co. Ohio River
O " Wood E. I. DuPont Ohio River
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O Zone 2 Marshall Meron Water Glass House Hollow
O " " New Urindahana Water Wheeling Creek System
O " Wetzel Pine Grove Water North Fork, Fishing Creek
O " Marshall Consolidated Coal Co. Impoundment
O " Tyler Middlebourne Water Middle Island Creek
O " Doddridge West Union Mun. Water Middle Island Creek
O " Mason Hidden Valley Country Lake/Impoundment
O " Jackson Ripley Water Mill Creek
O " Wayne Wayne Municipal Water Twelve Pole Creek
O " " East Lynn Lake East Lynn Lake
O " " Monterey Coal Co. Impoundment
Little Kanawha
LK Wood Claywood Park PSD Little Kanawha River
LK Calhoun Grantsville Mun. Water Little Kanawha River
LK Gilmer Glenville Utility Little Kanawha River
LK " Consolidated Gas Steer Creek
Compressor
LK Braxton Burnsville Water Works Little Kanawha River
LK Roane Spencer Water Spring Creek Mile Tree Reservoir
LK Wirt Elizabeth Water Little Kanawha River
LKH Ritchie Cairo Water North Fork Hughes River
LKH " Harrisville Water North Fork Hughes River
LKH " Pennsboro Water North Fork Hughes River
Kanawha River
K Putnam Buffalo Water Cross Creek
K " Winfield Water Poplar Fork & Crooked Creek
K " South Putnam PSD Poplar Fork & Crooked Creek
K Kanawha Cedar Grove Water Kanawha River
K " Pratt Water Kanawha River
K Fayette Armstrong PSD PO-K1-CO-EL Kanawha River & Gum Hollow
K " Kanawha Water Co.- Unnamed Tributary Kanawha
Beards Fork
K Kanawha Midland Trail School Impoundment
K " Cedar Coal Co. Impoundment
K Fayette Elkem Metals Co. Kanawha River
K Fayette Deepwater PSD Kanawha River
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River Basin County Operating Company Source
Kanawha River
K Fayette Kanawha Falls PSD Kanawha River
K " W.V. Water-Montgomery Kanawha River
Pocatalico River
KP Kanawha Sissonville PSD Pocatalico River
KP Roane Walton PSD Silcott Fork Dam
Coal River
KC Kanawha St. Albans Water Coal River
KC " Washington PSD Coal River
KC Lincoln Lincoln PSD Coal River
KC Boone Coal River PSD Coal River
KC " Whitesville PSD Coal River
KC Raleigh Armco Mine 10 Marsh Fork
KC " Armco Steel-Montc. Coal River
Stickney
KC Raleigh Peabody Coal Coal River
KC " Stephens Lake Park Lake Stephens
KC Boone W.V. Water-Madison Dist. Little Coal River
KC " Van PSD Pond Fork
KC Raleigh Consol. Coal Co. Workmans Creek
KC Boone Water Ways Park Coal River
Elk River
KE Kanawha Clendenin Water Elk River
KE " W.V. Water-Kanawha Elk River
Valley District
KE Kanawha Pinch PSD Elk River
KE Clay Clay Waterworks Elk River
KE " Procious PSD Elk River
KE Braxton Flatwoods-Canoe Run PSD Elk River
KE " Sugar Creek PSD Elk River
KE " W.V. Water-Gassaway Dist. Elk River
KE " W.V. Water-Sutton Dist. Elk River
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KE Webster W.V. Water-Webster Springs Elk River
KE Holly River State Park Holly River
Gauley River
KG Nicholas Craigsville PSD Gauley River
KG " Summersville Water Impoundment/ Muddlety Creek
KG " Nettie-Leivasy PSD Jim Branch
KG Webster Cowen PSD Gauley River
KG Nicholas Wilderness PSD Anglins Creek & Meadow River
KG " Richwood Water North Fork Cherry River
KN Fayette Ames Heights Water Mill Creek
KN " Mt. Hope Water Impounded Mine (Surface)
KN Fayette Ansted Municipal Water Mill Creek
River Basin County Operating Company Source
New River
KN Fayette Fayette Co. Park Impoundment
KN " New River Gorge Campground Impoundment
KN " Fayetteville Water Wolfe Creek
KN Raleigh Beckley Water Glade Creek
KN " Westmoreland Coal Co. Farley Branch
Bluestone River
KNB Summers Jumping Branch-Nimitz Mt. Valley Lake
KNB " Bluestone Conf. Center Bluestone Lake
KNB " Pipestem State Park Impoundment
KNB Mercer Town of Athens Impoundment
KNB " Bluewell PSD Impoundment
KNB " Bramwell Water Impoundment
KNB " Green Valley-Glenwood PSD Bailey Reservoir
KNB " Kelly's Tank Spring
KNB " W.V. Water Princeton Impoundment/ Brusch Creek
KNB " Lashmeet PSD Impoundment
KNB " Pinnacle Water Assoc. Mine
KNB " W.V. Water Bluefield Impoundment
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Greenbrier River
KNG Summers W.V. Water Hinton Greenbrier River & New River
KNG " Big Bend PSD Greenbrier River
KNG Greenbrier Alderson Water Dept. Greenbrier River
KNG " Ronceverte Water Greenbrier River
KNG " Lewisburg Water Greenbrier River
KNG Pocahontas Denmar State Hospital Greenbrier River
Water
KNG " City of Marlinton Water Knapp Creek
KNG " Cass Scenic Railroad Leatherbark Creek
KNG " Upper Greenbrier PSD Greenbrier River
KNG " The Hermitage Greenbrier River
Guyandotte River
OG Cabell Salt Rock PSD Guyandotte River
OG Lincoln West Hamlin Water Guyandotte River
OG Logan Logan Water Board Guyandotte River
OG " Man Water Works Guyandotte River
OG " Buffalo Creek PSD Buffalo Creek/ Mine/Wells
OG Logan Chapmanville Guyandotte River
OG " Logan PSD Whitman Creek/ Guyandotte River
OG Mingo Gilbert Water Guyandotte River
OG Wyoming Oceana Water Laurel Fork
OG " Glen Rogers PSD Impoundment
OG Wyoming Pineville Water Pinnacle Creek
OG Raleigh Raleigh Co. PSD-Amigo Tommy Creek
OMG Cabell Milton Water Works Guyandotte River
OMG " Culloden PSD Indian Fork Creek
River Basin County Operating Company Source
Guyandotte River
OMG Putnam Hurricane Municipal Water Impoundment
OMG Putnam Lake Washington PSD Lake Washington
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Big Sandy River
BS Wayne Kenova Municipal Water Big Sandy River
BS " Fort Gay Water Tug Fork
BST Mingo Kermit Water Tug Fork
BST " Matewan Water Tug Fork
BST " A & H Coal Co., Inc. Impoundment
BST " Williamson Water Impoundment
BST McDowell City of Welch Impoundment/Wells
BST " City of Gary Impoundment/Mine
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APPENDIX C
CATEGORY E-3 - POWER PRODUCTION
This list contains known power production facilities and is not intended to exclude any waters as described in Section 6.6.c, herein.
River Basin County Station Name Operating Company
Monongahela River
M Monongalia Fort Martin Power Station Monongahela Power
M Marion Rivesville Station Monongahela Power
MC Preston Albright Station Monongahela Power
Potomac Grant Mt. Storm Power Station Virginia Electric & Power Company
Ohio River
O - Zone 1 Wetzel Hannibal (Hydro) Ohio Power
O " " Marshall Kammer Ohio Power
O " " " Mitchell Ohio Power
O " " Pleasants Pleasants Station Monongahela Power
O " " " Willow Island Station Monongahela Power
O " " Mason Phillip Sporn Plant Central Operating (AEP)
O " " " Racine (Hydro) Ohio Power
O " " " Mountaineer Appalachian Power Co.
K Putnam Winfield (Hydro) Appalachian Power Co.
K Kanawha Marmet (Hydro) Appalachian Power Co.
K " London (Hydro) Appalachian Power Co.
K " Kanawha River Appalachian Power Co.
K " John E. Amos Appalachian Power Co.
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APPENDIX D
CATEGORY C - WATER CONTACT RECREATION
This list contains waters known to be used for water contact recreation and is not intended to exclude any waters as described in section 6.4, herein.
River Basin Stream Code Stream County
Shenandoah S Shenandoah River Jefferson
Potomac P Potomac River Jefferson
P " " Hampshire
P " " Berkeley
P " " Morgan
P-9 Sleepy Creek & Berkeley
Meadow Branch
P-9-G-1 North Fork of Morgan
Indian Run
South Branch PSB South Branch of Hampshire
Potomac River
PSB " " Hardy
PSB " " Grant
PSB-21-X Hawes Run Pendleton
PSB-25-C-2 Spring Run Grant
PSB-28 North Fork South Branch Grant
Potomac River
North Branch PNB North Branch of Mineral
Potomac River
PNB-4-EE North Fork Grant
Patterson Creek
PNB-7-H Linton Creek Grant
PNB-17 Stoney River-Mt. Storm Grant
Lake
PC Cacapon River Hampshire
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Monongalia
Cheat MC Cheat Lake/Cheat river Monongalia/Preston
MC Alpine Lake Preston
MC-6 Coopers Rock Lake/ Monongalia
Quarry Run
MC-12 Big Sandy Creek Preston
MSC Shavers Fork Randolph
MTN Middle Fork River Barbour/Randolph/ Upshur
MW West Fork River Harrison
MW-18 Stonecoal Creek/ Lewis
Stonecoal Lake
River Basin Stream Code Stream County
Ohio O Ohio River Brooke/Cabell/
Hancock/Jackson/
Marshall/Mason/Ohio/
Pleasants/Tyler/
Wayne/Wood/Wetzel
O-2-H Beech Fork of Wayne
Twelvepole Creek/Beech
Fork Lake
O-2-Q East Fork of Wayne
Twelvepole Creek/East
Lynn Lake
O-3 Fourpole Creek Cabell
O-21 Old Town Creek/ Mason
McClintic Ponds
OMI Middle Island Creek/ Doddridge
Crystal Lake
OG Guyandotte River Cabell
OG Guyandotte River/ Wyoming
R. D. Bailey Lake
OGM Mud River Cabell
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Little Kanawha LK Little Kanawha River/ Braxton
Burnsville Lake
Kanawha K Kanawha River Fayette/Kanawha/
Mason/Putnam
K-1 Unnamed Tributary Mason
Krodel Lake
KC Coal River Kanawha
KC-45-Q Stephens Branch/ Raleigh
Lake Stephens
KE Elk River Kanawha/Clay/
Braxton/Webster/ Randolph
KE Sutton Lake Braxton
KN New River Fayette/Raleigh/
Summers
KN-26-F Little Beaver Creek Raleigh
KNG Greenbrier River Greenbrier/
Pocahontas/Summers
KNG-23-E-1 Little Devil Creek/ Monroe
Moncove Lake
KNG-28 Anthony Creek Greenbrier
KNG-28-P Meadow Creek/ Greenbrier
Lake Sherwood
River Basin Stream Code Stream County
KNB Bluestone River/ Summers
Bluestone Lake
KG Gauley River Webster
Kanawha KG Gauley River/ Nicholas
Summersville Lake
KGW Williams River Webster
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APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
37
8.1 Dissolved Aluminum (ug/l)
For water with pH <6.5 or >9.0 750xCF5 750xCF5 750xCF5 87xCF5
8.1.1 Dissolved Aluminum (ug/l)
For water with pH ≥ 6.5 and ≤ 9.0, the four-day
average concentration of dissolved aluminum
determined by the following equatione:
Al = e(1.3695[ln(hardness)]+0.9121) x CF5
X X
8.1.2 Dissolved Aluminum (ug/l)
For water with pH ≥ 6.5 and ≤ 9.0, the one-hour
average concentration of dissolved aluminum
determined by the following equatione:
Al = e(1.3695[ln(hardness)]+1.8268) x CF5
X X
8.2. Acute and chronic aquatic life criteria for
ammonia shall be determined using the National
Criterion for Ammonia in Fresh Waterd from
USEPA’s 1999 Update of Ambient Water Quality
Criteria for Ammonia (EPA-822-R-99-014,
December 1999)
X X X X
8.3 Antimony (ug/l)
4300 14
8.4 Arsenic (ug/l)
10
10
100
8.4.1 Dissolved Trivalent Arsenic (ug/l)
340
150
340
150
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
38
8.5 Barium (mg/l)
1.0
8.6 Beryllium (ug/l) 130 130 4.0
8.7 Cadmium (ug/l)
Hardness Soluble Cd
(mg/l CaCO3)
0 - 35 1.0
36 - 75 2.0
76 - 150 5.0
> 150 10.0
X
8.7.1 10 ug/l in the Ohio River (O Zone 1) main
stem (see section 7.1.d, herein) X
8.7.2 The four-day average concentration of
dissolved cadmium determined by the following
equation:
Cd = e(0.7409[ln(hardness)]-4.719) x CF5
X X
8.7.3 The one-hour average concentration of
dissolved cadmium determined by the following
equation:
Cd = e(1.0166[ln(hardness)]-3.924) x CF5
X X
8.8 Chloride (mg/l) 860 230 860 230 250 250
8.9.1 Chromium, dissolved hexavalent (ug/l): 16 11 16 7.2 50
8.9.2 Chromium, trivalent (ug/l) The one-hour
average concentration of dissolved trivalent
chromium determined by the following equation:
CrIII = e(0.8190[ln(hardness)]+3.7256) x CF5
X X
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
39
8.9.3 The four-day average concentration of
dissolved trivalent chromium determined by the
following concentration:
CrIII = e(0.8190[ln(hardness)]+0.6848) x CF5
X X
8.10 Copper (ug/l) 1000
8.10.1 The four-day average concentration of
dissolved copper determined by the following
equationa:
Cu = e(0.8545[ln(hardness)]-1.702) x CF5
X X
8.10.2 The one-hour average concentration of
dissolved copper determined by the following
equationa:
Cu = e(0.9422[ln(hardness)]-1.700) x CF5
X X
8.11 Cyanide (ug/l)
(As free cyanide HCN+CN-)
22 5.0 22 5.0 5.0 5.0
8.12 Dissolved Oxygenc: not less than 5 mg/l at
any time. X X X X
8.12.1 Ohio River main stem - the average
concentration shall not be less than 5.0 mg/l per
calendar day and shall not be less than 4.0 mg/l at
any time or place outside any established mixing
zone - provided that a minimum of 5.0 mg/l at any
time is maintained during the April 15-June 15
spawning season.
X
8.12.2 Not less than 7.0 mg/l in spawning areas
and in no case less than 6.0 mg/l at any time. X
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
40
8.13 Fecal Coliform:
Maximum allowable level of fecal coliform
content for Water Contact Recreation (either MPN
or MF) shall not exceed 200/100 ml as a monthly
geometric mean based on not less than 5 samples
per month; nor to exceed
400 /100 ml in more than ten percent of all
samples taken during the month.
X X
8.13.1 Ohio River main stem (zone 1) - During
the non-recreational season (November through
April only) the maximum allowable level of fecal
coliform for the Ohio River (either MPN or MF)
shall not exceed 2000/100 ml as a monthly
geometric mean based on not less than 5 samples
per month.
X X
8.14 Fluoride (mg/l)
1.4
8.14.1 Not to exceed 2.0 for category D1 uses. X
8.15 Ironc (mg/l) 1.5 1.0 1.5
8.16 Lead (ug/l) 50
8.16.1 The four-day average concentration of
dissolved lead determined by the following
equationa:
Pb = e(1.273[ln(hardness)]-4.705)x CF5
X X
8.16.2 The one-hour average concentration of
dissolved lead determined by the following
equationa:
Pb = e(1.273[ln(hardness)]-1.46) x CF5
X X
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
41
8.17 Manganese (mg/l) ( see §6.2.d) 1.0
8.18 Mercury
The total organism body burden of any aquatic
species shall not exceed 0.5 ug/g as
methylmercury.
0.5 0.5
8.18.1 Total mercury in any unfiltered water
sample (ug/l): 2.4
2.4
0.15 0.14
8.18.2 Methylmercury (water column) (ug/l): .012 .012
Nickel (ug/l)
4600 510
8.19.1 The four-day average concentration of
dissolved nickel determined by the following
equationa:
Ni = e(0.846[ln(hardness)]+0.0584) x CF5
X X
8.19.2 The one-hour average concentration of
dissolved nickel determined by the following
equationa:
Ni = e(0.846[ln(hardness)]+2.255) x CF5
X
X
8.20 Nitrate (as Nitrate-N) (mg/l) 10
8.21 Nitrite (as Nitrite-N) (mg/l)
1.0 .060
8.22 Nutrients
Chlorophyll –a (µg/l) (see §47-2-8.3)
Total Phosphorus (µg/l) (see §47-2-8.3)
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
42
8.23 Organics
Chlordaneb (ng/l) 2400 4.3 2400 4.3 0.46 0.46 0.46
DDTb (ng/l) 1100 1.0 1100 1.0 0.024 0.024 0.024
Aldrinb (ng/l) 3.0 3.0 0.071 0.071 0.071
Dieldrinb (ng/l) 2500 1.9 2500 1.9 0.071 0.071 0.071
Endrin (ng/l) 180 2.3 180 2.3 2.3 2.3 2.3
Toxapheneb (ng/l) 730 0.2 730 0.2 0.73 0.73 0.73
PCBb (ng/l) 14.0 14.0 0.045 0.044 0.045
Methoxychlor (ug/l) 0.03 0.03 0.03 0.03 0.03
Dioxin (2,3,7,8- TCDD)b (pg/l) 0.014 0.013 0.014
Acrylonitrileb (ug/l) 0.66 0.059
Benzeneb (ug/l) 51 0.66
1,2-dichlorobenzene (mg/l) 17 2.7
1,3-dichlorobenzene (mg/l) 2.6 0.4
1,4-dichlorobenzene (mg/l) 2.6 0.4
2,4-dinitrotolueneb (ug/l) 9.1 0.11
Hexachlorobenzeneb (ng/l) 0.77 0.72
Carbon tetrachlorideb (ug/l) 4.4 0.25
Chloroformb (ug/l) 470 5.7
Bromoformb (ug/l) 140 4.3
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
43
Dichlorobromomethaneb (ug/l) 17 0.55
Methyl Bromide (ug/l) 1500 47
Methylene Chlorideb (ug/l) 590 4.6
1,2-dichloroethaneb (ug/l) 99 0.035
1,1,1- trichloroethaneb (mg/l) 12
1,1,2,2-tetrachloroethane (ug/l) 11 0.17
1,1-dichloroethyleneb (ug/l) 3.2 0.03
Trichloroethyleneb (ug/l) 81 2.7
Tetrachloroethyleneb (ug/l) 8.85 0.8
Tolueneb (mg/l) 200 6.8
Acenaphthene (ug/l) 990 670
Anthracene (ug/l) 40,000 8,300
Benzo(a) Anthraceneb (ug/l) 0.018 0.0038
Benzo(a) Pyreneb (ug/l) 0.018 0.0038
Benzo(b) Fluorantheneb (ug/l) 0.018 0.0038
Benzo(k) Fluorantheneb (ug/l) 0.018 0.0038
Chryseneb (ug/l) 0.018 0.0038
Dibenzo(a,h)Anthraceneb (ug/l) 0.018 0.0038
Fluorene (ug/l) 5300 1100
Indeno(1,2,3-cd)Pyreneb (ug/l) 0.018 0.0038
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
44
Pyrene (ug/l) 4000 830
2-Chloronaphthalene (ug/l) 1600 1000
Phthalate esters6 (ug/l) 3.0 3.0
Vinyl chlorideb (chloroethene) (ug/l) 525 2.0
alpa-BHC (alpha- Hexachloro-
cyclohexane)b (ug/l) 0.013 .0039
beta-BHC(beta- Hexachloro-
cyclohexane)b (ug/l) 0.046 0.014
gamma-BHC (gamma- Hexachloro-
cyclohexane)b (ug/l) 2.0 0.08 2.0 0.08 0.063 0.019
Chlorobenzene (mg/l) 21 0.68
Ethylbenzene (mg/l) 29 3.1
Heptachlorb (ng/l) 520 3.8 520 3.8 0.21 0.21
2-methyl-4,6-Dinitrophenol (ug/l) 765 13.4
Fluoranthene (ug/l) 370 300
8.23.1
When the specified criteria for organic chemicals
listed in §8.23 are less than the practical laboratory
quantification level, instream values will be
calculated from discharge concentrations and flow
rates, where applicable.
8.24 pHc
No values below 6.0 nor above 9.0. Higher values
due to photosynthetic activity may be tolerated.
X X X X X X X
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
45
8.25 Phenolic Materials
8.25.1 Phenol (ug/l) 4,600,000 21,000
8.25.2 2-Chlorophenol (ug/l) 400 120
8.25.3 2,4-Dichlorophenol (ug/l) 790 93
8.25.4 2,4-Dimethylphenol (ug/l) 2300 540
8.25.5 2,4-Dinitrophenol (ug/l) 14,000 70
8.25.6 Pentachlorophenolb (ug/l) 8.2 0.28
8.25.6.a The one-hour average concentration of
pentachlorophenol determined by the following
equation: exp(1.005(pH)-4.869)
X X
8.25.6.b The 4-day average concentration of
pentachlorophenol determined by the following
equation:
exp(1.005(pH)-5.134).
X X
8.25.7 2,4,6-Trichlorophenolb (ug/l) 6.5 2.1
8.26 Radioactivity:
Gross Beta activity not to exceed 1000 picocuries
per liter (pCi/l), nor shall activity from dissolved
strontium-90 exceed 10 pCi/l, nor shall activity
from dissolved alpha emitters exceed 3 pCi/l.
X X X X X
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
46
8.26.1
Gross total alpha particle activity (including
radium-226 but excluding radon and uranium shall
not exceed 15 pCi/l and combined radium-226 and
radium-228 shall not exceed 5pCi/l; provided that
the specific determination of radium-226 and
radium-228 are not required if dissolved particle
activity does not exceed 5pCi/l; the concentration
of tritium shall not exceed 20,000 pCi/l; the
concentration of total strontium-90 shall not
exceed 8 pCi/l in the Ohio River main stem.
X X X X X
8.27 Selenium (ug/l) Water Column
Concentration f
5 5 50
8.27.1 Selenium (ug/g) g
(based on instantaneous
measurement)
8.0 ug/g Fish Whole-Body Concentration
or
11.3 ug/g Fish Muscle (skinless, boneless filet)
X X
8.27.2 Selenium (ug/g) Fish Egg/Ovary
Concentration h
(based on instantaneous
measurement)
15.8 15.8
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
47
8.28 Silver (ug/l)
Hardness Silver
0-50 1
51-100 4
101-200 12
>201 24
X X
8.28.1
0-50 1
51-100 4
101-200 12
201-400 24
401-500 30
501-600 43
X
8.28.2 The one-hour average concentration of
dissolved silver determined by the following
equation:
Ag=e(1.72[ln(hardness)]-6.59) x CF5
X X
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
48
8.29 Temperature
Temperature rise shall be limited to no more than
5oF above natural temperature, not to exceed 87oF
at any time during months of May through
November and not to exceed 73oF at any time
during the months of December through April.
During any month of the year, heat should not be
added to a stream in excess of the amount that will
raise the temperature of the water more than 5oF
above natural temperature. In lakes and reservoirs,
the temperature of the epilimnion should not be
raised more than 3oF by the addition of heat of
artificial origin. The normal daily and seasonable
temperature fluctuations that existed before the
addition of heat due to other natural causes should
be maintained.
X
8.29.1 For the Kanawha River Main Stem (K-1):
Temperature rise shall be limited to no more than
5oF above natural temperature, not to exceed 90oF
in any case.
X
8.29.2 No heated effluents will be discharged in
the vicinity of spawning areas. The maximum
temperatures for cold waters are expressed in the
following table:
Daily Hourly
Mean oF Max oF
Oct-Apr 50 55
Sep-&May 58 62
Jun-Aug 66 70
X
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
49
8.29.3 For Ohio River Main Stem (01) (see section
7.1.d, herein):
Period Inst.
Dates Ave. Max.
Jan 1-31 45oF 50oF
February 45 50
March 1-15 51 56
March 16-31 54 59
April 1-15 58 64
April 16-30 64 69
May 1-15 68 73
May 16-31 75 80
June 1-15 80 85
June 16-30 83 87
July 1-31 84 89
August 1-31 84 89
Sept 1-15 84 87
Sept 16-30 82 86
Oct 1-15 77 82
Oct 16-31 72 77
Nov 1-30 67 72
Dec 1-31 52 57
X
8.30 Thallium (ug/l) 6.3 1.7
8.31 Threshold odorc
Not to exceed a threshold odor number of 8 at
104oF as a daily average.
X
X X X
8.32 Total Residual Chlorine (ug/l - measured by
amperometric or equivalent method) 19 11
8.32.1 No chlorinated discharge allowed X
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
50
8.33 Turbidity
No point or non-point source to West Virginia's
waters shall contribute a net load of suspended
matter such that the turbidity exceeds 10 NTU's
over background turbidity when the background is
50 NTU or less, or have more than a 10% increase
in turbidity (plus 10 NTU minimum) when the
background turbidity is more than 50 NTUs. This
limitation shall apply to all earth disturbance
activities and shall be determined by measuring
stream quality directly above and below the area
where drainage from such activity enters the
affected stream. Any earth disturbing activity
continuously or intermittently carried on by the
same or associated persons on the same stream or
tributary segment shall be allowed a single net
loading increase.
X X X X
8.33.1 This rule shall not apply to those activities
at which Best Management Practices in
accordance with the State's adopted 208 Water
Quality Management Plan are being utilized,
maintained and completed on a site-specific basis
as determined by the appropriate 208 cooperative
or an approved Federal or State Surface Mining
Permit is in effect. This exemption shall not apply
to Trout Waters.
X X X
8.34 Zinc (ug/l)
The four-day average concentration of dissolved
zinc determined by the following equationa:
Zn = e(0.8473[ln(hardness)]+0.884) x CF5
X X
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47CSR2
APPENDIX E, TABLE 1
PARAMETER
USE DESIGNATION
AQUATIC LIFE HUMAN HEALTH
ALL OTHER
USES B1, B4 B2 C³ A4
ACUTE1 CHRON2 ACUTE1 CHRON2
51
8.34.1 The one-hour average concentration of
dissolved zinc determined by the following
equationa:
Zn = e(0.8473[ln(hardness)]+0.884) x CF5
X X
1 One hour average concentration not to be exceeded more than once every three years on the average, unless otherwise noted. 2 Four-day average concentration not to be exceeded more than once every three years on the average, unless otherwise noted. 3 These criteria have been calculated to protect human health from toxic effects through fish consumption, unless otherwise noted. Concentration not to be exceeded,
unless otherwise noted. 4 These criteria have been calculated to protect human health from toxic and/or organoleptic effects through drinking water and fish consumption, unless otherwise
noted. Concentration not to be exceeded, unless otherwise noted. 5 The appropriate Conversion Factor (CF) is a value used as a multiplier to derive the dissolved aquatic life criterion is found in Appendix E, Table 2. 6 Phthalate esters are determined by the summation of the concentrations of Butylbenzyl Phthalate, Diethyl Phthalate, Dimethyl Phthalate, Di-n-Butyl Phthalate and Di-
n-Octyl Phthalate. a Hardness as calcium carbonate (mg/l). The minimum hardness allowed for use in this equation shall not be less than 25 mg/l, even if the actual ambient hardness is
less than 25 mg/l. The maximum hardness value for use in this equation shall not exceed 400 mg/l even if the actual hardness is greater than 400 mg/l. b Known or suspected carcinogen. Human health standards are for a risk level of 10-6. c May not be applicable to wetlands (B4) - site-specific criteria are desirable. d The early life stage equation in the National Criterion shall be used to establish chronic criteria throughout the state unless the applicant demonstrates that no early life
stages of fish occur in the affected water(s). e Hardness as calcium carbonate (mg/l). The minimum hardness allowed for use in this equation shall not be less than 26 mg/l, even if the actual ambient hardness is less
than 26 mg/l. The maximum hardness value for use in this equation shall not exceed 200 mg/l even if the actual hardness is greater than 200 mg/l. f Water column values take precedence over fish tissue values when new inputs of selenium occur in waters previously unimpacted by selenium, until equilibrium is
reached between the water column and fish tissue. g Overrides any water column concentration when water concentrations and either fish whole body or fish muscle (skinless, boneless filet)
are measured, except in
situations described in footnote f
h Overrides any fish whole-body, fish muscle (skinless, boneless filet), or water column concentration when fish egg/ovary concentrations are measured, except in
situations described in footnote f
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52
APPENDIX E
TABLE 2
Conversion Factors
Metal Acute Chronic
Aluminum 1.000 1.000
Arsenic (III) 1.000 1.000
Cadmium 1.136672-[(ln hardness)(0.041838)] 1.101672-[(ln hardness)(0.041838)]
Chromium (III) 0.316 0.860
Chromium(VI) 0.982 0.962
Copper 0.960 0.960
Lead 1.46203-[(ln hardness)(0.145712)] 1.46203-[(ln hardness)(0.145712)]
Nickel 0.998 0.997
Silver 0.85 N/A
Zinc 0.978 0.986
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47CSR2
53
APPENDIX F
COOL WATER LAKES
This list contains lakes to be managed for cool water fisheries and is not intended to exclude any waters which meet the definition in
Section 2.2.
River Basin County Lake
Potomac River
PC Hardy Lost River Trout Pond (Impoundment)
PC Hardy Lost River Rock Cliff Lake (Impoundment)
PSB Pendleton Hawes Run (Impoundment)
PNB Mineral New Creek Dam 14(Impoundment)
Monongahela River
MC Monongalia Coopers Rock (Impoundment)
MC Monongalia Cheat Lake
MC Tucker Thomas Park (Impoundment)
MC Randolph Spruce Knob Lake (Impoundment)
MT Taylor Tygart Lake
MW Lewis Stonecoal Lake
Kanawha River
KC Raleigh Stephens Lake (Impoundment)
KG Nicholas Summersville Reservoir (Impoundment)
KG Greenbrier Summit Lake (Impoundment)
KNG Pocahontas Watoga Lake
KNG Pocahontas Buffalo Fork (Impoundment)
KNG Pocahontas Seneca (Impoundment)
KCG Pocahontas Handley Pond
Guyandotte River
OG Wyoming/Mingo RD Bailey Lake